These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Staff Members: Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The minutes of October 20, 2008 were approved as presented.
The Board recommended approval of BOA 3507 – Dale & Patricia Webber, 20 Stafford St, M 21, L 43 – request for a Special Permit subject to EDC in order to create a 15,138 sq. ft. lot in an R20SL zone.
The Board agreed to extend the covenant for B426 – Ship Pond Hills (f/k/a Little Hios Hills) for a two year period.
The Board agreed to release $2500.00 from the Guarantee Account for seed stabilization in the B296 – Ponds at Plymouth Subdivision.
Paul McAlduff moved to approve the above-listed Administrative Notes; the vote was unanimous (5-0).
BOA 3508 – Kevin & Julie Wilkinson (HC - 12/3)
20 Bayberry Road, Map 50, Lot 4-15 – Special Permit to waive rear and side setback requirements in order to construct a 16’x24’ garage
Randy Parker, Land Management Systems, Inc., presented the request for a special permit to waive the rear and side setback requirements in order to construct a detached 16’x24’ garage on property that fronts both Bayberry and Douglas Avenues. The garage would be located five ft. from the rear and side property lines on Douglas Avenue. The existing single family house will not be altered and an existing shed will be removed. The property is outside the flood zone and Natural Habitat jurisdiction.
Howard Coppari suggested increasing both setbacks to 10 ft.
Paul McAlduff asked if there would be any use of the attic space in the garage and if the garage would have plumbing.
Mr. Parker stated that there would be no loft for storage and no plumbing.
Larry Rosenblum suggested rotating the garage to provide more rear yard space and a better view from the existing single family dwelling.
Marc Garrett was supportive of the 5 ft. setbacks, but had some concerns with the pitch and peak of the garage roof being higher than that of the existing single family home, the massing of the garage, and whether the property may be near a barrier beach and require review by the Conservation Commission. Mr. Garrett suggested reducing the size of the garage, rotating it, making it narrower, and adding a loft for storage.
Mr. Parker stated that he would research whether this property is located near a barrier beach and he would talk to his client about the Board’s suggestion regarding the rotation and reduction in size of the garage.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals; the vote was (4-1-0) with William Wennerberg in opposition.
Public Hearing –– McKenna, Sean and Catherine (HC)
B557 - 100 Sandwich Road, Map 47, Lot 21C
Marc Garrett read the public hearing notice and opened the public hearing.
Randy Parker, Land Management Systems, Inc, presented the proposed RDD subdivision plan that would create two additional residential lots; one lot with an existing single family dwelling, office structure, and a 2.67 acre open space area; a drainage lot; and a small parcel to be conveyed to an abutting neighbor. There will be a 25 ft. naturally vegetated buffer along the southern portion of the site. An existing footpath and easement will provide access for the two new dwellings to the open space area for passive recreation. The project has been reviewed by Natural Heritage and a letter of no taking has been submitted. The letter from Natural Heritage does require that a permanent, mutual conservation restriction be placed on the open space. The existing driveway would become a common driveway to provide access
for the new residential lots. The drainage lot would include a swale with a sub-surface system to keep run off from Sandwich Road. The proponent would present individual site plans for review including architectural and landscaping presentations when a buyer has been identified. Three waivers are being requested: a waiver of the frontage width (12.5 ft.) for the future ANR lots on Sandwich Road; a waiver of the traffic study; and a waiver of the flow test for water pressure. Mr. Parker indicated that the proponents are willing to address all the concerns itemized in the letter submitted by Beals and Thomas, the Town’s peer review consultants.
Howard Coppari reviewed the history of the project. A conceptual by-right plan and an alternative plan were reviewed by the Board in August of 2006. The by-right subdivision showed a cul-de-sac roadway with 3 duplex units and the conceptual RDD plan showed a condominium style development consisting of three residential lots with open space. The topography of the site is complex and there is a portion of the property in the rear that is in a flood hazard zone, but this area will not be impacted by the development of the property. The existing paved driveway varies in width from 10-12 ft. The lots will have individual septic systems, be serviced by Town water, and have underground electric and communication lines. Five lamp posts (10 ft.) will be installed beginning at the Sandwich Road entrance along the
driveway to the new lots.
Valerie Massard advised that the action requested of the Board should include a vote on the waivers when the RDD vote is taken.
Larry Rosenblum expressed his concern with moving through the process without appropriate landscaping and building design.
Malcolm MacGregor asked for an explanation of the terracing and what flood zone the property was in. He also asked for the depth of the buffer and an explanation of the drainage system.
Mr. Parker explained that the terracing would be done in 4 ft. increments and each terrace would be planted. The rear of the property is in an “A” flood zone with an elevation of 10 ft., the buffer would be 25 ft, and the drainage is subsurface and could be planted in an attractive manner.
Paul McAlduff commented that the letter from Beals & Thomas suggests the entity holding the conservation restriction should be identified to the satisfaction of the Board.
Mr. Parker stated that the McKenna’s desire to hold the ownership of the conservation area.
Mr. Garrett explained that there are several ways to define the protection of the open space. A conservation restriction is a legal instrument that protects the land in perpetuity and requires an act of legislation by the State legislature for any changes, while a declaration of restriction protects the land but is handled on the local level. The declaration of restriction is better for small residential lots and does not require that the restriction be held by a third party. Mr. Garrett suggested that this issue should be addressed with Natural Heritage prior to the Board voting on the proposal.
Mr. McAlduff suggested that the proponent consider shared septic systems and expressed his concerns with the more than 500 ft. length of the proposed access.
Mr. Parker responded that the access is a shared driveway so therefore not subject to the road construction requirements.
Mr. Rosenblum suggested that a landscape architect should review this proposal to determine how to work with the topography of the site.
Mr. Garrett asked if there is an existing driveway loop that extends up the road.
Christopher Vaughn, the abutter to the north, stated that the driveway loop is on his property and he would like a release of the right of way by the proponent. He expressed his concerns with the lack of a flow test as a past fire in the neighborhood was not able to be extinguished due to lack of water pressure; adequate access for emergency vehicles; the initial proposal for the by-right subdivision may not have had adequate area for a cul-de-sac; the light emitted from the lamp posts may impact his property; and who would be responsible for the maintenance of the open space.
Mr. Garrett stated that he would like more information on the restriction for the conservation land, would like a more detailed plan that shows the landscaping, cross sections of the slopes and grading, terracing details, and a response to the Beals & Thomas letter.
Mr. MacGregor thought that this site would be an interesting location for a green building if some of the terraces were removed and the house was backed into the hill.
Ms. Massard stated that the Fire Chief should review the proposal for adequate emergency access.
Mr. Parker showed the original schematic for the by-right subdivision that met the requirements for area, depth, and width and he showed the location of each of the proposed lamp posts.
Mr. Garrett explained that if there is a conservation restriction, a third party, usually a non-profit organization, would oversee the maintenance of the open space and the other option is to have the homeowner’s responsible for the maintenance of the open space. The fire department has specific requirements and criteria for adequate fire access and usually requires a 16 ft. wide access with a turnaround or hammerhead.
Ellis Withington, Trustee for the Lois Brewster house which is adjacent to the site, asked if there were any restrictions when the property was originally subdivided, whether the office building is permissible, what the elevation and building height of the proposed structures would be, whether the proposed buffer would be adequate, and what the visual impacts of the terrace walls, landscaping and structures would be.
Mr. Parker stated that his research indicated that subdivision is not prohibited; the office building is for a home occupation and has been permitted; existing vegetation would be retained in the buffer area, there will be some grading of the site; the structures will not exceed the Town’s height restrictions, and the architectural, terracing and landscaping designs have not been completed.
Ms. Massard outlined the issues that should be addressed prior to the continued hearing as follows: a conceptual landscape design should be submitted; a resolution of the conservation restriction should be determined; individual site plan review should include a professional landscape plan; staking on the ground should be installed to outline the various features and proposed structure locations; a point by point response to the Beals & Thomas letter should be submitted; the Fire Chief should review the site; staff will look into the creation of the existing lot and the status of the office building on the lot; and other items and a should include a condition that future items such as the common septic system and green building could be addressed in the conditions.
Paul McAlduff moved to continue the Public Hearing to December 15, 2008 at 7:15 p.m.; the vote was unanimous (5-0).
BOA 3506 – ADM Agawam Development LLC (VM- 11/19)
Fawn Pond/Agawam Rd, M 110, L 32 – Special Permits subject to EDC in order to erect a temporary meteorological study tower and associated access, grading and utilities
Valerie Massard – presented the request for a Special Permit subject to EDC in order to construct a temporary meteorological study tower and associated access, grading and utilities on property within the River Run Development. No utilities are required, the tower will be constructed on a single, small concrete pad, no outbuildings are required, the data collected will be provided to the Town and the Energy Committee, the Airport Commission has requested a single red light be installed on the top of the tower and the entire plan should be presented to the commission, and FAA information should be submitted, and the site should be loamed and seeded after the tower is removed. There will be a 100 ft. access to the site with minimal disturbance.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The tower shall not be installed until:
- Appropriate written evidence satisfactory to the Building Inspector has been provided by the Petitioner that all appropriate permits have been received (or are not required) for the following:
- Massachusetts Natural Heritage Program under the Massachusetts Endangered Species Act; and
- Federal Aviation Administration “no hazard” determination.
- A recommendation from the Plymouth Airport Commission is provided to the Board of Appeals, and
- The recommendations of the Plymouth Airport Commission shall have been determined to be met to the satisfaction of the Board of Appeals.
Access to the site will be constructed in such a manner as to minimize land disturbance.
The proposed tower shall be dismantled within eighteen (18) months from the date of erection.
The tower shall be lit with only low intensity red lighting and should be used during nighttime hours, consistent with FAA guidelines and the Bylaw, whether or not the FAA requires lighting, based on recommendations of the Plymouth Airport Commission under BOA 3458 unless otherwise recommended by the Plymouth Airport Commission.
Any areas of disturbance shall be loamed with six (6”) inches of loam, raked and seeded with an appropriate wildflower or other approved mix prior to October 1 of the year in which the tower is installed. Any areas of disturbance shall be similarly treated by October 1 of the year in which the tower is removed.
The data, raw and otherwise, collected from the installation of the MET tower subject to this special permit shall be provided to the Town of Plymouth Planning Department and the Town of Plymouth Energy Committee within six (6) months of the removal of the MET tower.
The vote was unanimous (5-0).
Ms. Massard noted that if it is determined that a permanent tower is viable, another special permit will be required.
Other Business:
BOA 3346 - Robert Ahearn
Russell Street - advisory review of landscaping plans
Valerie Massard explained that the Special Permit granted under BOA case #3346 required that final landscaping plans be reviewed by the Planning Board. Ms. Massard presented photographs of the existing landscaping which appears to suit the site.
Paul McAlduff moved for the Board to recommend support of the landscaping as installed as satisfactory per Condition No. 2 of the special permit; the vote was unanimous (5-0).
Marc Garrett read the following announcement: “November 13 Cedarville ‘Infrastructure’ Meeting 7 pm, Fire Station community room, interested members of the public are invited to attend”.
Ms. Massard stated that the Old Colony Planning Council will be attending the meeting to present their findings in respect to Routes 3 and 3A corridor study and to present their preliminary draft of Pedestrian and Bicycle Regional Plan, the DPW will be presenting proposed improvements to the Elmer Raymond playground and talk about the transportation bond bill, and Representative deMacedo and Denis Hanks have been invited to participate. The Sagamore and Cedarville Business Associations have also been invited.
New Business:
Valerie Massard asked the Board to consider two dates, November 15 and 22 for a walk of the potential site for the Bourne Road connector, which is part of the River Run project. AD Makepeace will have the center line staked.
Ms. Massard informed the Board that the planning staff is seeking support of an joint application with Kingston and Duxbury to apply for a grant to provide technical assistance with respect to flood hazards and coastal erosion.
Larry Rosenblum moved for the Board to offer a letter of support for the grant application; the vote was unanimous (5-0).
Valerie Massard presented a request to release funds held in a Tri-Party agreement for the completion of B461 – Camp Child Settlement.
Larry Rosenblum moved to release the bond; the vote was unanimous (5-0).
Malcolm MacGregor presented a proposal from Manomet Steering Committee to rezone an area at the intersection of Beaver Dam Road, State Road and White Horse Road to Neighborhood Commercial. The Steering Committee is supportive of the proposal.
Valerie Massard stated that the Director of Planning and Development urges the Board to give careful consideration about zoning that could create a potential creep of strip zoning and its impact to the residential areas and to the size of the proposed Neighborhood Commercial area. Existing Neighborhood Commercial zones are smaller in area.
Larry Rosenblum noted that the Town’s Master Plan calls for the development of rural service centers, but there is no criterion to identify where that might be needed.
Mr. MacGregor also stated that design standards and traffic elements should be defined.
The Board agreed to invite the Steering Committee in for a workshop to review the proposal.
Malcolm MacGregor moved to adjourn at 9:52 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 10, 2008
Administrative Assistant
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